Property Law – Self-Acquired Property – Female Hindu – Title Dispute – Appeal by plaintiff claiming exclusive ownership over suit land purchased in 1963 – Plaintiff contended that sons (Defendants No.2 and 3) fraudulently mutated their names in revenue records and sold the property to Defendant No.1 – Trial Court and First Appellate Court dismissed the suit &nda...
Education Law – Excess Admissions – Pharmacy Course – Writ appeal filed by student whose admission was cancelled due to college exceeding the Pharmacy Council’s sanctioned intake – Pharmacy Council refused to regularise over-admission citing academic standards and regulatory discipline – Held: No authority vested in college or court to approve admission beyond P...
SARFAESI Act – Redemption of Mortgage – Right extinguished – Appeal against dismissal of writ petition challenging sale of mortgaged property by bank under SARFAESI Act – Appellants contended undervaluation and fraudulent sale of property worth ₹15 crore at ₹5.78 crore – Bank had attempted sale on four occasions and reduced reserve price due to lack of bidders &nd...
Judicial Service Law - Premature Retirement – Judicial Officers – Integrity Remarks – ACR entries from 2009 onwards indicating doubts on integrity, punctuality, work shirking and adverse general reputation – Full Court’s collective decision based on entire service record upheld – Limited judicial review applicable – Recovery of subsistence allowance after ...
Income Tax – Faceless Assessment – Section 144B – Violation – Petitioners challenged assessment orders passed by Jurisdictional Assessing Officers despite statutory mandate of faceless assessment under amended provisions effective 01.04.2021 – Held: Assessment orders issued without following faceless regime are invalid – Quashed as contrary to Section 144B and F...
Income Tax – Reassessment – Bar of Limitation – Notice under Section 148 issued on 22.04.2024 to reopen A.Y. 2017–18 – Court held that under first proviso to amended Section 149, such notice is time-barred as six-year limitation expired on 31.03.2024 – Fifth and sixth provisos to Section 149 not applicable to extend limitation under first proviso – Held: N...
Labour Law – Gratuity – Forfeiture – Post-Employment Conduct – Petitioner-company forfeited gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act citing breach of post-resignation confidentiality and non-compete clauses – Allegation that respondents joined rival firm and misused trade secrets – Held: Even assuming misconduct, alleged acts occurred af...
Writ Petition – Suppression of Material Facts – Abuse of Process – Clean Hands Doctrine – Petitioners challenged 33KV transmission line being laid through residential area citing safety concerns and violations of Indian Electricity Rules – However, petitioners failed to disclose ongoing civil suit on identical subject matter with interim relief already granted by Tria...
Election Law – Impleadment in Interlocutory Applications – Application by respondent No.1 in election petition seeking impleadment of respondent No.2 as opposite party in three pending IAs relating to dismissal of election petition – Held: Election petitioner had not claimed any relief against respondent No.2 – Respondent No.2 neither a necessary nor proper party ...
Slum Areas – De-notification of Acquired Land – Legality – Petitioner’s land declared as slum in 1976 and later acquired under Section 17 of the Karnataka Slum Areas Act – Respondents issued possession certificates and began rehabilitation projects – State later de-notified the land citing financial burden and lack of finance department approval – Held: On...